Common use of Formation Clause in Contracts

Formation. The Company has been formed as a Delaware limited liability company under and pursuant to the Act by the filing of a Certificate of Formation with the Office of the Secretary of State of Delaware. In the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Formation. The Company has been formed organized as a Delaware limited liability company under and pursuant to the Act by the filing of a Certificate of Formation with the Office of the Secretary of State of DelawareDelaware as required by the Act. In This Agreement embodies the agreement among the Members as to the governance of the Company and related matters. However, in the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Formation. The Company has been formed organized as a Delaware limited liability company under and pursuant to the Act by the filing of a Certificate of Formation with the Office of the Secretary of State of DelawareDelaware as required by the Act. In the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Formation. The Company has been formed organized as a Delaware limited liability company under and pursuant to the Act by the filing of a Certificate of Formation with the Office of the Secretary of State of DelawareDelaware as required by the Act. In the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail. This Agreement shall be effective as of the date of filing of the Certificate of Formation (the "Formation Date").

Formation. (a) The Company has been formed as a Delaware limited liability company under and pursuant to the Delaware Limited Liability Company Act by (the filing “LLC Act”). A certificate of a formation of the Company (the “Certificate of Formation Formation”) was filed with the Office of the Secretary of State of Delaware. In the event of a conflict between the terms of this Agreement and the Certificate of FormationDelaware on [●], the terms of the Certificate of Formation shall prevail2010.

Formation. The Company has been formed organized as a Delaware limited liability company under and pursuant to the Act LLC Law by the filing of a the Certificate of Formation with the Office of the Secretary of State of Delawarethe State of Delaware as required by the LLC Law. In the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Formation. The Company has been formed as a Delaware limited liability company under and pursuant to the provisions of the Act by the filing of a the Certificate of Formation with the Office of the Secretary of State of the State of Delaware. In the event of a conflict between the terms of this Agreement Each member hereby adopts, confirms and the Certificate of Formation, the terms of ratifies the Certificate of Formation shall prevailand all acts taken in connection therewith.

Formation. The Company has been formed as a Delaware limited liability company as a result of a conversion from a corporation to a limited liability company under and pursuant to the Act by and the filing of a certificate of formation (the “Certificate of Formation Formation”) with the Office of the Secretary of State of Delaware. In the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.